Legal Actions

As advocates for children, the Children’s Health Defense (CHD) legal team intends to hold public health agencies responsible by taking legal action to stop children from receiving illegal, unethical and dangerous vaccines that lack adequate long-term safety and efficacy testing. Our mission is to not only zealously protect the children by exposing the truth and demanding transparency of corporate and government actors but to defeat Emergency Use Authorization (EUA) mandates for PCR tests, masks and vaccines. We seek to protect individual liberties, including the right to bodily autonomy, informed consent and parental rights.

We continuously work with and support other health freedom physicians, attorneys, and state attorneys general who believe in the Constitution and want to protect our First Amendment Rights. We will do whatever it takes — whether it’s filing Freedom of Information Act (FOIA) requests, writing amicus briefs, or bringing lawsuits against the wrongdoers — we will never stop asking questions, demanding answers or seeking justice.

CHD is using the legal system to advocate for children, health and liberty. CHD’s ongoing litigation is listed by subject area and includes other legal actions. Links to all relevant litigation documents below are indexed by subject.

Holding Wrongdoers Accountable

What we are doing to support health freedom for all and to hold governments and corporations accountable:

Supporting Health Freedom for Physicians and Attorneys

The Children’s Health Defense legal team supports both physicians and attorneys who promote health freedom. Many of the physicians who have prescribed several of these off-label medications such as ivermectin and hydroxychloroquine have been vilified publicly, many having been threatened or have in fact lost their licenses to practice medicine. Rather than stand by at the beginning of the pandemic and watch their patients suffer from COVID-19, these physicians took action and bravely prescribed two of the safest, most widely used and low-cost drugs available to save their patients, often with excellent results.

Many of these healthcare practitioners believe that if the U.S. Food and Drug Administration (FDA) had not actively suppressed the use of these life-saving medicines, many lives could have been saved. As attorneys, our job is to work together to protect these courageous physicians and other healthcare practitioners from unethical prosecution and to help restore and uphold their Hippocratic oath “to do no harm.”

CHD works with state attorneys general regarding the suppression of successful and inexpensive treatment against COVID-19

The CHD legal team has been working closely with a number of state attorneys general to address the use of life-saving off-label treatments or prevention for COVID such as ivermectin and hydroxychloroquine. Many of these states have introduced legislation to restrict state medical licensing boards’ authority from taking disciplinary action against any healthcare practitioners or pharmacists who prescribe and dispense these medications for the benefit of their patients who have contracted COVID.

CHD articles
Other articles

If you are an attorney who believes that the government has no place in coercing medical mandates, please join our growing list of health freedom attorneys and help make a difference in your area.

Filing amicus briefs

Function and Role of Amicus Briefs

An amicus brief is a “friend of the court” brief filed in court by an organization that is not a party to a case but provides information, analysis and insights that are helpful to the court deciding the case. CHD uses its scientific and health-related expertise to file amicus briefs in cases where health and well-being are being threatened. Below are three amicus briefs filed by CHD:

1. COVID vaccine mandate for Louisiana children 
2. CDC Mask Case Amicus in HFDF v. Biden

On Aug. 2, 2022 Children’s Health Defense submitted an amicus brief in the Eleventh Circuit Court of Appeals to explain why the CDC’s “mask mandate for children on transportation conveyances and in transportation hubs” is both ineffective and harmful.

3. Smart meters
4. SCOTUS amicus

Children’s Health Defense submitted amici curiae briefs co-authored by Drs. Luc Montagnier, Harvey Risch and Robert Malone for a stay or preliminary injunction in the OSHA and CMS cases:

Filing FOIA requests and FDA petitions

Freedom of Information Act (FOIA) requests can be used to obtain information from the federal government and state governments. For example, the ongoing “data dump” about Pfizer’s development of the COVID vaccine is the result of a FOIA request made to the U.S. Food and Drug Administration (FDA). The U.S. Department of Justice Guide to the Freedom of Information Act is a comprehensive legal treatise on the FOIA. The guide includes detailed discussions of the FOIA’s procedural requirements, nine exemptions and litigation considerations. Each section contains a detailed analysis of the key judicial opinions issued on the FOIA.

Filing FDA petitions

Pushing back on emergency use authorizations — Masks, PCR tests and vaccines are not FDA-approved products

EUA masks

CHD has several other ongoing mask mandate cases:

Challenging coerced PCR testing and highlighting flaws in PCR testing

The magnitude of the pandemic has been vastly overstated, thanks to a high false-positive rate from the PCR testing that has been the driving force behind the number of COVID “cases.” These inflated numbers have driven catastrophic public policies. Additionally, positive PCR tests have forced many perfectly healthy people to quarantine and miss out on major life activities, like going to school. CHD has pushed back against use of these flawed tests through litigation and education.

Defender articles

Areas of Work: CHD Works to Protect Freedom and Prevent Harm in Multiple Arenas

Preventing physical harm

The CHD legal team intends to hold the U.S. health agencies legally responsible by taking legal action against them for their illegal, unethical and dangerous push to experimentally inject children with an mRNA gene therapy that lacks adequate long-term safety and efficacy testing. Our mission is to zealously protect children by exposing the truth, holding those agencies accountable, preventing further physical harm from occurring, and seeking compensation for those already harmed.

Defender articles
Additional articles

Protecting individual liberties, including the right to informed consent

The CHD legal team shines light on how the flawed and corrupt regulatory agencies are using COVID-19 vaccine mandates as a pretext to violate fundamental human rights, specifically the right to voluntary informed consent when making medical decisions as well as the right to refuse unwanted medical interventions. Our mission is to protect these individual liberties by providing science, educating on rights under the law and filing lawsuits when necessary to keep unelected public health authorities from depriving citizens of fundamental individual rights.

CHD eBook
Defender article

Protecting freedom of thought and speech

Liberty, democracy, science and public health all depend on the free exchange of ideas. However, in collusion with governments worldwide, the mainstream media and Big Tech now routinely censor and deplatform physicians, scientists and concerned individuals who dare to share ideas, facts, news or opinions that fail to conform to the mainstream narrative.

CHD is fighting back, through lawsuits and — more immediately — through The Defender, a free, daily e-newsletter that brings you communications and truths from voices the would-be censorers don’t want you to hear.

Defender articles

New York Times — a Bastion of Censorship and Corruption — Warns ‘America Has a Free Speech Problem’
The New York Times editorial board recently opined that Americans are losing “the right to speak their minds and voice their opinions,” yet this same newspaper refused to review, or even publish an advertisement for, RFK, Jr.’s runaway bestseller, “The Real Anthony Fauci.”

CHD Attorneys Argue Against Motion to Dismiss Facebook Censorship Lawsuit
Attorneys for Children’s Health Defense (CHD) on Tuesday presented oral arguments in CHD’s case against Meta Platforms Inc., also known as Facebook, its “independent fact-checkers” and Mark Zuckerberg, alleging they worked jointly with the Biden administration to censor CHD social media content.

CHD v. Facebook:

RFK, Jr. v. Kos Media LLC:

Additional articles

Protecting the right to personal bodily integrity

The right to bodily integrity is inherent in every human being and is the foundation for all other rights and civil liberties. The right to bodily integrity is protected by the right of informed consent, which — except under the rarest of circumstances — prohibits medical treatment in the absence of your full knowledge and agreement.

If a government, business or school can require you to take an experimental vaccine or provide proof of a particular medical treatment that you don’t want as a condition for participating in society, the right to bodily integrity is effectively lost, and all other rights may erode, including rights to travel, assemble, worship, speak freely, privacy and more. CHD is fighting to protect the foundational right to bodily integrity through challenges to vaccine mandates and vaccine passports, and through steadfast advocacy and education in support of informed consent.

Key U.S. Supreme Court cases dealing with bodily integrity, informed consent and due process rights

Buck v. Bell, 274 US 200 (1927)

Eugenicists believed certain people were unfit to procreate. “Three generations of imbeciles are enough,” wrote eugenicist Justice Oliver Wendell Holmes Jr. of the Supreme Court. In the last century, an estimated 70,000 Americans were forcibly sterilized including the “feebleminded,” minorities, poor people and “promiscuous” women.

Jacobson v. Massachusetts, 197 US 11 (1905)

Reverend Jacobson fought a law in Massachusetts that allowed cities to require residents to be vaccinated against smallpox. Reverend Jacobson refused to comply with the requirement and was fined five dollars. The Supreme Court upheld the Cambridge, MA mandate with several qualifications.

Korematsu v. United States, 319 US 432 (1943)

During World War II, the U.S. government required Japanese-Americans to move into relocation camps after President Franklin Roosevelt signed Executive Order 9066. U.S. citizen Korematsu stayed at his residence rather than obey the order to relocate. Korematsu was arrested and convicted of violating the order. In what is now widely considered a racist, shameful decision, the Supreme Court upheld the President’s order to forcibly relocate Japanese Americans.

Griswold v. Connecticut (1965)

The First, Third, Fourth and Ninth Amendments of the U.S. Constitution create the right to privacy in marital relations against state restrictions on contraception. Various guarantees within the Bill of Rights create “penumbras,” or zones, that establish a right to privacy.

Nuremberg Code

A landmark document, drafted by American lawyers and doctors, resulting from the “Nazi Doctors Trial” after World War II has become the cornerstone of international medical ethics.

CHD Roundup of mandate lawsuits

Protecting parental rights

Some writers display an ill-disguised hostility towards parents who elect not to vaccinate their children, characterizing them as “idiots,” “cruel” and “terrible” parents.

Around the world, vaccine mandates are snowballing. Growing numbers of government officials and public health officials are imposing oppressive mandates that trample on religious, parental and human rights.

Protecting the right of association

  • Individual Rights and Freedoms Under Siege in Era of COVID
    “The COVID-19 pandemic has proven an opportunity of convenience for totalitarian elements who have put individual rights and freedoms globally under siege,” said CHD chairman Robert F. Kennedy, Jr. in his letter to 100,000 lawyers.

Protecting freedom of religion

The First Amendment to the U.S. Constitution provides: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof …” This Amendment protects religious liberty in two important ways: prohibiting all governments in the U.S. from establishing a religion or favoring one religion over another and protecting the rights of each of us to practice our own religion. Additionally, a federal statute, the Religious Freedom Restoration Act of 1993 (“RFRA”), provides very broad protection for religious liberty. Specifically, RFRA states, “Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability” unless it demonstrates that the application of the burden on the individual: “(1) is in furtherance of a compelling government interest; and (2) is the least restrictive means of furthering that compelling governmental interest.” 42 U.S.C. § 2000bb-1(b).

  • South Bay United Pentecostal Church v. Newsom (02/05/2021)
  • Roman Catholic Diocese v. Cuomo
    “Why have some mistaken this Court’s modest decision in Jacobson for a towering authority that overshadows the Constitution during a pandemic? In the end, I can only surmise that much of the answer lies in a particular judicial impulse to stay out of the way in times of crisis. But if that impulse may be understandable or even admirable in other circumstances, we may not shelter in place when the Constitution is under attack. Things never go well when we do.” (GORSUCH, J., concurring)
  • D.C. Minor Consent lawsuit

Protecting the right to travel

Protecting against passports

Medical digital identification passes, AKA “Vaccine Passports” are the gateway to a social credit system and a biomedical security state. While proponents of vaccine passports claim they will enhance public safety and convenience, what they really do is allow governmental and corporate actors to amass and store personal data about every human being and to use this data for surveillance and control.

Defender Articles 
Other articles 

Demanding transparency of corporate and government actors

The CHD legal team is working to expose the truth regarding regulatory capture — an economic theory whereby regulatory agencies such as the U.S. Food and Drug Administration (FDA), Centers for Disease Control and Prevention (CDC) and the U.S. Department of Health and Human Services (HHS) have become infiltrated by the industries that they are charged with regulating. In other words, the agencies authorized and instructed to act in the best interests of the public are instead working for the benefit of particular industries such as Big Pharma. As a result, unhealthy relationships between the private sector and government agencies take root, rife with conflicts of interest, bias and corruption. By shedding light on the truth of what happens behind closed doors, transparency and accountability are critical to guarding against the abusive practices where profit over people is the business plan.

Defender articles

Holding corporate and government actors accountable

Governmental agencies like the CDC, the FDA and the Occupational Safety and Health Administration (OSHA) are supposed to protect the public by regulating corporate actors like pharmaceutical companies. But ironically, often the agencies do just the opposite: they protect the profits of companies through shady, shoddy approvals, and further enhance those profits by regulating the public. CHD is working to hold these actors accountable, by uncovering, publicizing and challenging authorizations and approvals and other actions that enrich corporate actors at the expense of public health.

Defender articles

Protecting Democracy — Robert F. Kennedy, Jr.

Vaccine passports “… will make you a slave.” — Robert F. Kennedy, Jr. on the reality of our time

“Every part of our lives will be subject to control. This virus is about training us for submission, training us to do what we’re told … We are in the last battle. We are in the apocalypse. We are fighting for the salvation of humanity. We all knew this was coming, though I never believed it would come in my lifetime. But here it is.”

— RFK, Jr. speaking to the Rally Against COVID-19 Mandates, Jan. 23, 2022

RFK, Jr. Speaking to the Rally Against COVID-19 Mandates, January 23, 2022:

LEGAL DISCLAIMER

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